Shoemaker v. Brown
Supreme Court of Kansas
Error from Leavenworth District Court. Action brought by Brown, as plaintiff, to subject certain real property belonging to the estate of Thomas C. Shoemaker, deceased, to the payment of a claim which the probate court had, upon final settlement of said estate, adjudged to be due to Brown. The facts averred in the petition are sufficiently stated in the opinion. The defendants, the heirs-at-law of said Shoemaker, demurred.
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Error from Leavenworth District Court. Action brought by Brown, as plaintiff, to subject certain real property belonging to the estate of Thomas C. Shoemaker, deceased, to the payment of a claim which the probate court had, upon final settlement of said estate, adjudged to be due to Brown. The facts averred in the petition are sufficiently stated in the opinion. The defendants, the heirs-at-law of said Shoemaker, demurred. The action was heard on the demurrer at the May Term 1872 of the district court. The demurrer was overruled. The defendants assign the overruling of their demurrer as…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The petition in the court below shows among other things that Abraham Brown was administrator de bonis non of the estate of Thomas C. Shoemaker, deceased; that on April 13th 1870 said Brown submitted to the probate court of Leavenworth county a report for final settlement of said estate; that said report showed that the said estate owed and was indebted to said Brown to the amount of $2,775.27.; that said report was approved and confirmed in all things by the probate court, in words as follows, to-wit:
“ On reading and filing the foregoing…
Also in this document: Concurrence.
2Cases cited11 opinions
- Laithe v. McDonaldSupreme Court of Kansas · 1871
- Jones v. BrinkerSupreme Court of Missouri · 1854
- State ex rel. Tourville v. RolandSupreme Court of Missouri · 1856
- Judd v. DriverSupreme Court of Kansas · 1863
- Gordon v. State ex rel. BoderSupreme Court of Kansas · 1868
6 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Proctor v. DicklowSupreme Court of Kansas · 1896
- Musick v. BeebeSupreme Court of Kansas · 1876
- Collamore v. WilderSupreme Court of Kansas · 1877
- Klemp v. WinterSupreme Court of Kansas · 1880
- Quinton v. KendallSupreme Court of Kansas · 1927
38 more not listed; retrieve them via the Exa API.